[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5074 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5074
To amend the American Taxpayer Relief Act of 2012 to delay
implementation of the inclusion of oral-only ESRD-related drugs in the
Medicare ESRD prospective payment system.
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IN THE HOUSE OF REPRESENTATIVES
July 28, 2023
Mr. Carter of Georgia (for himself, Ms. Kuster, Mrs. Miller of West
Virginia, and Ms. Sewell) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the American Taxpayer Relief Act of 2012 to delay
implementation of the inclusion of oral-only ESRD-related drugs in the
Medicare ESRD prospective payment system.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kidney Patient Access to
Technologically Innovative and Essential Nephrology Treatments Act of
2023'' or the ``Kidney PATIENT Act of 2023''.
SEC. 2. DELAY OF IMPLEMENTATION OF ORAL-ONLY POLICY UNDER MEDICARE ESRD
PROSPECTIVE PAYMENT SYSTEM.
Section 632(b) of the American Taxpayer Relief Act of 2012 (42
U.S.C. 1395rr note) is amended--
(1) in the heading, by striking ``Two-year''; and
(2) in the first sentence of paragraph (1), by striking
``may not implement'' and all that follows through ``January 1,
2025.'' and inserting ``shall not implement the policy under
section 413.174(f)(6) of title 42, Code of Federal Regulations
(relating to oral-only ESRD-related drugs in the ESRD
prospective payment system) to incorporate the payment for oral
drugs indicated for the reduction, management, or control of
the serum phosphate of an individual, until the earlier of
January 1, 2033, or such time as an intravenous drug indicated
for the reduction, management, or control of the serum
phosphate of an individual has been approved by the Food and
Drug Administration.''.
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